Chapter 2.100
UNCLAIMED PROPERTY
2.100.010 Police chief-Authority.
2.100.020 Claims made.
2.100.030 Advertisement-Vesting in finder.
2.100.040 Money deposited in general fund.
2.100.050 Property sold or used by city.
2.100.060 Quick sale.
2.100.070 Property to be used by city when.
2.100.080 Dangerous or perishable property.
2.100.090 Proceeds deposited in general budget fund.
2.100.100 Unsaleable and unusable property.
2.100.110 Exceptions.
2.100.010 Police chief-Authority.
A. The police chief shall make provisions for the receiving and safekeeping of found or unclaimed property and money delivered to him or her or coming into his or her possession, and the police chief shall make provision for safekeeping of all property abandoned by prisoners of the city jail or otherwise coming into his or her possession where no owner can be found, subject to the provisions of this chapter.
B. The finder of money or property of the value of ten dollars or more who turns the money or property over to the police division in compliance with the provisions of Section 2080.1 of the Civil Code shall make the affidavit required by such section, and the police shall make a reasonable effort to ascertain and notify the owner thereof. (Prior code º 19-35)
2.100.020 Claims made.
If the true owner appears within ninety days after receipt of such property by the police division, proves his or her ownership, and pays the charges provided for in this section, the police division shall restore the property to the owner. Found money shall be paid to the true owner upon written order to the director of finance and administrative services and city treasurer from the police chief. The police chief shall make such order upon the same proof of ownership and with the same notice as prescribed in the case of property. Charges for the care of the property or money not exceeding ten percent of the value of the property or the amount of the money may be charged for its safekeeping. If ownership cannot be determined to the satisfaction of the police chief, the police chief may refuse to deliver such property or order the payment of such money to anyone until ordered to do so by a court. (Prior code º 19-36)
2.100.030 Advertisement-Vesting in finder.
If the reported value of property is fifty dollars or more and no owner appears and proves his or her ownership of the property within ninety days, the police chief within the next thirty days shall cause to be published at least once in the official newspaper a notice of the found, saved or unclaimed property. If after seven days following the first publication of the notice, no owner appears and claims ownership of the money or property, then the money or property shall be delivered back to the finder unless the property was found in the course of employment by an employee of any public agency, in which case the property shall be sold at public auction. Charges may be imposed upon the finder at time of delivery to him or her of the property sufficient to defray the costs of advertising and storage. If the reported value of the property is less than fifty dollars and no owner appears and proves his or her ownership of the property within ninety days, then the money or property shall be delivered back to the finder unless the property was found in the course of employment by an employee of any public agency, in which case the property shall be sold at public auction. (Prior code º 19-37)
2.100.040 Money deposited in general fund.
All money so received by the police, as to which ownership cannot be satisfactorily shown or established, shall be deposited in the general budget fund. (Prior code º 19-38)
2.100.050 Property sold or used by city.
Property so received and not delivered to the true owner or finder within four months after the receipt of property by the police shall be disposed of by public auction to the highest bidder. Such auction shall be held not less than five days after a notice describing the articles to be disposed of announcing the date, time and place of the auction is published once in the official newspaper of the city. (Prior code º 19-39)
2.100.060 Quick sale.
The police division may sell such property by public auction in the manner and upon the notice of sale of personal property under execution, if it is a thing which is commonly the subject of sale in the following cases:
A. When the owner being found refuses upon demand to pay the charges prescribed in this chapter when such charges amount to two-thirds of its value; or
B. The property is in danger of perishing or of losing the greater part of its value. (Prior code º 19-40)
2.100.070 Property to be used by city when.
The city may appropriate to its own use found or unclaimed property held by the police chief if such property is not redeemed or redeemable as provided in this chapter. (Prior code º 19-41)
2.100.080 Dangerous or perishable property.
Any property coming into the possession of the police division which is dangerous or perishable may be disposed of immediately, without notice, in such manner as is determined to be in the public interest. (Prior code º 19-42)
2.100.090 Proceeds deposited in general budget fund.
After such auction under this chapter is completed the police chief shall deliver the proceeds of the auction to the director of finance and administrative services for deposit in the general budget fund. (Prior code º 19-43)
2.100.100 Unsaleable and unusable property.
Any property advertised and offered for sale but not sold and not suitable for appropriation to the use of the city shall be deemed to be of no value and shall be disposed of in such manner as the city manager directs. (Prior code º 19-44)
2.100.110 Exceptions.
This chapter does not apply to property held by the police chief as evidence or to bicycles impounded under Chapter 10.60.100, except that property classified as evidence which has fulfilled its evidentiary purpose or has ceased to be needed for such purpose for any reason and which for any reason cannot be returned to its rightful owner shall be reclassified as unclaimed property for disposition pursuant to the provisions of this chapter. (Prior code º 19-45)